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(영문) 서울동부지방법원 2017.11.03 2017고단2522
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 13, 2017, at around 22:00, the Defendant committed an indecent act by force against the victim E (n.e., 37 years old) by cherbing the left side of the victim E (n.e., f., c7 years old) coming from the street in front of the “D cafeteria” located in Gangdong-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to E and F;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 298 of the Criminal Act and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and treatment order: Article 62-2 of the Criminal Act; Article 44-2 of the Medical Care, Care, Custody, etc. Act (it shall be deemed that the person is highly likely to repeat a crime if the person fails to treat his/her alcohol dependence);

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend [Scope of Recommendation] under the general standard of sentencing [Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes] [Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 13 or more)] In the mitigated area (Article 1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Article 13 or more of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes)] [Article 43 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes], a person who is obligated to submit personal information to the competent authority pursuant to Article 43 of the same Act.

Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, when comprehensively considering the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of the protection of the victim, etc.

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